Case law

Ory v. City of Naperville

2023 IL App (3d) 220105-U · Appellate Court of Illinois · Apr 20, 2023

The Tort Immunity Act “grants only immunities and defenses.” 745 ILCS 10/1-101.1(a) (West 2016). … ¶ 29 Further, section 3-102(b) of the Tort Immunity Act provides that a public entity does not have constructive notice of a dangerous condition if it establishes either: “(1) The existence

Kennedy v. LeMoyne

188 Ill. 255 · Illinois Supreme Court · Dec 20, 1900

The act of 1861, so far as it attempts by section 5 to repeal the law of 1853, being clearly in violation of section 23 of article 3 of the constitution of 1848, is unconstitutional and void, and said bishop and his successors … trustees, and provided that they should hold office “until the next ensuing annual convention of the said Protestant Episcopal Church in the diocese of Illinois and until their successors in office shall be appointed and qualified

Mi-Jack Products, Inc. v. Department of Revenue

136 Ill. App. 3d 721 · Appellate Court of Illinois · Sep 12, 1985

A person claiming an exemption from taxation has the burden of proving clearly that he comes within the statutory exemption. … Rather, the key to our determination is establishing what is meant by “transportation vehicles.”

Adamidis v. Cook County

District Court, N.D. Illinois · Feb 23, 2022

of their conduct was clearly established at the time.” … right, and (2) that the unlawfulness of the conduct was clearly established at the time the officer acted.”

People v. Stiff

391 Ill. App. 3d 494 · Appellate Court of Illinois · Mar 23, 2009

She was bandaged and clearly in pain. … There can be no hard and fast rule in this area, and no precise yardstick of time can be established.” Parisie, 5 Ill. App. 3d at 1028 .

Thiems Construction Co. v. State

45 Ill. Ct. Cl. 267 · Court of Claims of Illinois · May 10, 1993

In addition, it was established that Thiems had exceeded the WBE/DBE goals on earlier projects. Further, it was proven that Theims did ultimately notify DOT of McMillin s failure to perform. … There is clearly no indication that Thiems intended to avoid its obligations.

Stone v. Baldwin

331 Ill. App. 421 · Appellate Court of Illinois · Apr 18, 1947

Clearly, under these circumstances, there was ample justification for the filing of a petition for instructions. … This rule is qualified only by the practice that a court may require as a condition of replacement the payment of fair compensation to the attorney.

Somerville

District Court, N.D. Illinois · Sep 9, 2026

Because the approach established by Monell is the only means for establishing municipal liability under Section 1983, see, e.g., Chortek v. … The Court also rejects the Defendant Officers’ argument that they are entitled to qualified immunity at this early stage of litigation. See Reed v.

Tomczak v. Ingalls Memorial Hospital

359 Ill. App. 3d 448 · Appellate Court of Illinois · Aug 17, 2005

We will reverse a circuit court’s ruling on a motion to compel discovery only where the appellant “affirmatively and clearly” shows an abuse of discretion. Dufour v. Mobile Oil Corp., 301 Ill. … To support this theory, the plaintiffs seek to establish that other emergency department patients were examined before the decedent in contravention of the procedures established by Ingalls’ emergency department.

Board of Certified Safety Professionals of the Americas, Inc. v. Johnson

112 Ill. 2d 542 · Illinois Supreme Court · Jun 6, 1986

According to its articles of incorporation, the Board was established by the American Society of Safety Engineers in 1969 “[f]or charitable, scientific, and educational purposes and to promote the advancement of safety through … The criteria for determining whether an organization qualifies for this exemption as set out in Methodist Old Peoples Home v.

Owens v. Lamb

District Court, S.D. Illinois · Mar 27, 2020

Qualified Immunity Defendants also argue that they are entitled to qualified immunity because “Plaintiff alleged unconstitutional conditions of confinement … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly

Kay v. Department of Central Management Services

2024 IL App (1st) 221102-U · Appellate Court of Illinois · Mar 11, 2024

This, as CMS further contends, clearly shows that sovereign immunity applies to suits seeking to hold CMS liable for the Treasurer’s alleged mismanagement of the Pool. … Elaborating further, the court stated that statutes which “use only general terms without an expressed intent to subject the State to liability will not be construed to impair or negate the State’s immunity from suit established

In Re Block

121 B.R. 810 · United States Bankruptcy Court, C.D. Illinois · Aug 1, 1990

The Debtor, personally was, at the time of his bankruptcy filing, and still is the sole trustee of the trust established to hold the profit-sharing plan funds; m. … This Court finds that it should follow the ruling of the Seventh Circuit in LeFeber , and that the decision in LeFeber clearly indicates that the Seventh Circuit has broken away from the majority and is following the current

Mong v. McKenzie

District Court, N.D. Illinois · May 1, 2024

Finally, the second amended complaint also fails because the defendant officers have qualified immunity. … the federal right at issue was clearly established at the time of the alleged violation.”

City of Chicago v. Boulevard Bank National Ass'n

293 Ill. App. 3d 767 · Appellate Court of Illinois · Dec 12, 1997

The decision of the trial court is against the manifest weight of the evidence if a review of the record clearly establishes that the decision opposite to the one reached by the trial court was the proper result. … Further, the ordinances applicable to the "Blighted Commercial District North Loop” clearly put defendants on notice that the Oliver Building could be condemned.

Mahan v. Marion Police Pension Board

2023 IL App (5th) 210426 · Appellate Court of Illinois · Feb 3, 2023

Mahan indicated that if he did not regain feeling in his hand, he did not intend to further qualify with a firearm each year. … Mixed questions of law and fact are reviewed under the clearly erroneous standard. Wade, 226 Ill. 2d at 505.

Hartman v. City of Chicago

343 Ill. App. 103 · Appellate Court of Illinois · Mar 13, 1951

We have heretofore stated the established and definite meaning of the word “Patrolman.” … Plaintiffs ’ interpretation of the meaning and intent of the appropriation ordinance of 1948, is, in our judgment, clearly untenable.

People v. Garcia

Appellate Court of Illinois · Nov 5, 2010

Defendant’s own statement, which he claimed was the product of coercion and beaten out of him, clearly distanced himself from the victim. … There, a witness testified concerning the scope of the immunity he was granted. However, the State knew the scope of the immunity was much broader than what the witness described while testifying.

People v. Frazier

2016 IL App (1st) 140911 · Appellate Court of Illinois · Nov 15, 2016

App. 3d 433, 438 (1992). ¶ 19 Here, the evidence established that defendant possessed Hard’s stolen 2011 Lingyu 13L150 motor scooter. … App. 3d 505, 514 (2002) (stating that hearsay is testimony of an out-of-court statement offered to establish the truth of the matter asserted).

Wenger v. Finley

185 Ill. App. 3d 907 · Appellate Court of Illinois · Jun 27, 1989

The party challenging the constitutionality of legislation bears the burden of “clearly establishing the constitutional violation.” Bernier, 113 Ill. 2d at 227 . … As discussed previously, the chief judge, and not the county treasurer, administers the fund, makes yearly disbursements to qualified DRCs, and establishes rules and standards pertaining to the operation of DRCs within the